Jiwachhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58328 of 2022 Arising Out of PS. Case No.-274 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Jiwachhi Devi D/o Gira Nand Singh, W/o Birendra Yadav R/V- Bairakh P.SRaniganj, Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Police Inspector Vigilance Investigation Bureau, Muzaffarpur Zone, Head Office, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. According to the prosecution case, the petitioner in collusion with others and under criminal conspiracy committed forgery and prepared mark-sheet and certificates and used it as genuine for her wrongful gain and got appointed as Panchayat

2/4 Teacher.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that pursuant to the order passed in C.W.J.C. No. 15459 of 2014 the present F.I.R. has been instituted against the petitioner and the similar situated persons. He further submits that the petitioner was appointed on the post of Assistant Teacher on the basis of the certificate furnished by the competent authority in the year 2007. He further submits that she has submitted the mark sheet/ certificate which was received from the institute in question. He further submits that the same was genuine and the petitioner haS never submitted the false and fabricated certificate for obtaining the job in question. He further submits that after filing of the present F.I.R., the petitioner has resign from the post in question.

The learned counsel for the Vigilance has vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner has obtained the job on the basis of false and fabricated documents.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of her arrest or

3/4 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Raniganj P.S. Case No. 274 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T